Position on rear impact accidents - blame
- Thread starter Djnikon
- Start date
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In circumstances where the 3rd party is being difficult, purely to get it logged on record & to cover your arse. The police won’t be interested if there are no injuries or unless a witnessed offence has been committed. If you don’t report the accident & the 3rd party does & concocts some bullshite version of events, you’re at best going to be caught left footed. OP should also report it to their insurance company regardless of how the claim will be settled.
After a rear end shunt many years ago (my fault) I got a 3 month ban for failing to report an accident & driving without due care & attention even though both I & my contact details were well know to the 3rd party & I had assumed things would be sorted privately.
i agree with what you are saying but if only it was that easy, a year past in october my wife was sitting in her car waiting on oncoming traffic to pass to turn right at the school to pick up the kids when an old herbert (thats his real name haha) who for reasons only known to him decided to overtake her on the wrong side, he panicked when he seen the oncoming car tried to pull back over infront of her, hit the front corner of her car and then bounced over to the other pavement narrowly missing a parked car, straight forward says everyone, my missus has 2 independant witnesses, got a letter a few months ago saying herbert is claiming her for driving recklessly and turning right across his path as he overtook
now we have had a letter from her insurance saying it is likely that the court will find shared blame although she will only be 30% to blame, and they suggest that she accepts that and we lose a life from our protected NCB, it cant be right, the police attended but took no action as nobody was hurt, but they should have charged him with reckless driving as he was on the wrong side of the road at a school, but its his word against her and 2 witnesses and they want her to agree to taking part blame just to close the case, it aint happening, she has writen a letter saying no chance, she has paid for legal protection so is going to fight it all the way, worst case scenario she gets 100% blame and we lose a life from protected NCB which is what will happen if she accepts,
My Insurer (Admiral) is asking for her policy details.
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pass the details you have to the insurance company and they will chase it up
R
RedHerring2
I'm sure they could find it out for themselves, for instance, when I renew my insurance ny NCD is transferred. I don't tell the new insurer who the old insurer was. They find it out for themselves and contact them to confirm NCD.
Maybe they are just being lazy
I will give the girl time to make contact and then proceed through the official channels.
I also have a BMW Accident Care scheme membership but never used it before, anyone know how this works?
I will give the girl time to make contact and then proceed through the official channels.
I also have a BMW Accident Care scheme membership but never used it before, anyone know how this works?
i agree with what you are saying but if only it was that easy, a year past in october my wife was sitting in her car waiting on oncoming traffic to pass to turn right at the school to pick up the kids when an old herbert (thats his real name haha) who for reasons only known to him decided to overtake her on the wrong side, he panicked when he seen the oncoming car tried to pull back over infront of her, hit the front corner of her car and then bounced over to the other pavement narrowly missing a parked car, straight forward says everyone, my missus has 2 independant witnesses, got a letter a few months ago saying herbert is claiming her for driving recklessly and turning right across his path as he overtook
now we have had a letter from her insurance saying it is likely that the court will find shared blame although she will only be 30% to blame, and they suggest that she accepts that and we lose a life from our protected NCB, it cant be right, the police attended but took no action as nobody was hurt, but they should have charged him with reckless driving as he was on the wrong side of the road at a school, but its his word against her and 2 witnesses and they want her to agree to taking part blame just to close the case, it aint happening, she has writen a letter saying no chance, she has paid for legal protection so is going to fight it all the way, worst case scenario she gets 100% blame and we lose a life from protected NCB which is what will happen if she accepts,
Precisely my point; there are some tricky folks out there!
Although it is generally assumed that the driver who hits the vehicle in front is always to blame, it is not so.
There are IIRC, three or four precedent cases which are used to defend rear-end bumps which in certain circumstances can lead to no blame or just a portion of blame.
There are IIRC, three or four precedent cases which are used to defend rear-end bumps which in certain circumstances can lead to no blame or just a portion of blame.
I've handed this off to my insurer. I gave her time to contact to look at private settlement to no avail.
As the guy at Admiral said, quite rightly, had she been paying attention she wouldn't have driven forward knowing that I wasn't moving.
As the guy at Admiral said, quite rightly, had she been paying attention she wouldn't have driven forward knowing that I wasn't moving.
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But only your NCD is protected. Your premium will likely still go up as a result of an accident, your fault or not. In fact many insurers don't even ask who's fault it was anymore, simply if you have been involved in one. All just another part of the government sponsored scam.
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Go to a solicitor specialising in RTA claims:
BMW will probably be able to help as part of their accident management service.
The legal eagle will be able to tell you whether they could fight this case or not. If they are prepared to take it on, that means they are assured a full recovery, ie that precident in that kind of accident is set and the third party can be blamed 100% for the RTA.
I had an accident years ago in Congleton.
I changed lanes well before a set of lights that then turned green. As they turned, some kids on bikes crossed the road, prompting the two cars in front of me and myself to brake sharply. The car behind me ploughed straight into the back of me.
The driver stopped, and did not accept liability. She claimed that I had cut in front of her, reducing her stopping distance. I asked the insurance assessor who took photos of my car to assess the angle to impact to see if it matched her version of events. It did not.
Her insurance company continued to deny liability, hoping for a shared liability. It dragged on and on and eventually I insisted that my insurance company serve papers to get the case in front of a judge and let them decide. It was a risky move, but I did not want to back down.
Papers were issued to the 3rd party and they declined to attend court; liability was deemed to be hers and I was refunded all my costs from her insurance company.
I wrote a very bitter letter to that ins. co., telling them I thought their behaviour was disgusting: to persistently refuse to accept liability in the hope of sharing liability for an accident that could be proven to be solely the fault of their insured driving without due care and attention. Also for allowing a relatively simple, inexpensive claim drag out for years.
I sent it registered to the MD and got an extremely weak apology stating that "This is standard practice across the insurance industry and we are by no means unique."
That's OK, then!
Then there's the driver who skidded on ice coming out of a side road and hit me in the OSR.
He gave me an address which my insurance company could not get a response from. As it was local, I went round and knocked on the door. A little old lady answered the door and told me that a family with that name had lived there more than a decade ago.
So, I went to the police station closest to the accident site to report a failure to stop (which it is: even though he stopped, because he gave me false details, it is classed as a failure to stop and provide details).
I had to stand at the desk for over an hour arguing with the civilian on the desk that I had a right to insist the police follow it up; they were trying to tell me they couldn't.
Eventually, they took details and promised to follow it up.
It turned out this guy already had 13 points on his licence (that was confiscated anyway) and a string of other non-motoring related convictions and that is why he gave me false details. Although GMP were not sure why he gave me his real name...
It went to Manchester Crown Court where he failed to appear and was convicted in his absence.
I was able to claim from the MIB (no, not the Men In Black, but the Motor Insurance Bureau) for my uninsured losses, but there was no payment for time off to vist police stations, courts, hassle etcetera...
Sorry to put you through a marathon reading sesh, but the moral of the tale is a positive one: that persistence does usually pay off.
BMW will probably be able to help as part of their accident management service.
The legal eagle will be able to tell you whether they could fight this case or not. If they are prepared to take it on, that means they are assured a full recovery, ie that precident in that kind of accident is set and the third party can be blamed 100% for the RTA.
I had an accident years ago in Congleton.
I changed lanes well before a set of lights that then turned green. As they turned, some kids on bikes crossed the road, prompting the two cars in front of me and myself to brake sharply. The car behind me ploughed straight into the back of me.
The driver stopped, and did not accept liability. She claimed that I had cut in front of her, reducing her stopping distance. I asked the insurance assessor who took photos of my car to assess the angle to impact to see if it matched her version of events. It did not.
Her insurance company continued to deny liability, hoping for a shared liability. It dragged on and on and eventually I insisted that my insurance company serve papers to get the case in front of a judge and let them decide. It was a risky move, but I did not want to back down.
Papers were issued to the 3rd party and they declined to attend court; liability was deemed to be hers and I was refunded all my costs from her insurance company.
I wrote a very bitter letter to that ins. co., telling them I thought their behaviour was disgusting: to persistently refuse to accept liability in the hope of sharing liability for an accident that could be proven to be solely the fault of their insured driving without due care and attention. Also for allowing a relatively simple, inexpensive claim drag out for years.
I sent it registered to the MD and got an extremely weak apology stating that "This is standard practice across the insurance industry and we are by no means unique."
That's OK, then!
Then there's the driver who skidded on ice coming out of a side road and hit me in the OSR.
He gave me an address which my insurance company could not get a response from. As it was local, I went round and knocked on the door. A little old lady answered the door and told me that a family with that name had lived there more than a decade ago.
So, I went to the police station closest to the accident site to report a failure to stop (which it is: even though he stopped, because he gave me false details, it is classed as a failure to stop and provide details).
I had to stand at the desk for over an hour arguing with the civilian on the desk that I had a right to insist the police follow it up; they were trying to tell me they couldn't.
Eventually, they took details and promised to follow it up.
It turned out this guy already had 13 points on his licence (that was confiscated anyway) and a string of other non-motoring related convictions and that is why he gave me false details. Although GMP were not sure why he gave me his real name...
It went to Manchester Crown Court where he failed to appear and was convicted in his absence.
I was able to claim from the MIB (no, not the Men In Black, but the Motor Insurance Bureau) for my uninsured losses, but there was no payment for time off to vist police stations, courts, hassle etcetera...
Sorry to put you through a marathon reading sesh, but the moral of the tale is a positive one: that persistence does usually pay off.
R
RedHerring2
Securespark, can you emblazon your tag across your vehicle to remind me not to collide with you ?
Thanks, BMW Accident Care is taking this on, they are extremely confident of full recovery.
Won't even go near my insurance company so my NCB won't be affected.
I made sure I asked all this when they called me back yesterday evening.
So thanks to all for your advice, my car gets picked up on Monday AM and I'm getting a nice 525Ci in it's place for a few days
Won't even go near my insurance company so my NCB won't be affected.
I made sure I asked all this when they called me back yesterday evening.
So thanks to all for your advice, my car gets picked up on Monday AM and I'm getting a nice 525Ci in it's place for a few days
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